Enshrined in Article 17(1) of the constitution of Pakistan is the fundamental right for every citizen to form associations or unions, tempered only by lawful restrictions safeguarding national sovereignty, integrity, public order, and morality.
During his presidency from 1973 to 1977, Zulfikar Ali Bhutto found robust support from the National Students Federation (NSF) and the Pakistan People’s Party, championing a socialist agenda. However, Bhutto’s democratic tenure abruptly ended on July 5, 1977, when Operation Fair Play, orchestrated by General Ziaul Haq, plunged Pakistan into martial law.
General Zia, perceiving student unions as potent adversaries to his military regime, swiftly imposed a ban on February 9, 1984 – despite the constitutional guarantees in place. This pivotal moment marked a stark collision between constitutional rights and authoritarian rule, profoundly impacting Pakistan’s political landscape. It underscores a recurring struggle between democratic ideals and autocratic governance, resonating with ongoing debates over civil liberties and political freedoms in the nation’s journey toward democracy.
These actions flagrantly violate Article 17 of the constitution, yet the ban on student unions was justified by claims of their aggression and promotion of violence. Today, the ban persists for the same reasons that motivated General Zia to impose it. There is a pervasive culture of familial politics in Pakistan, exemplified by dominant parties like the PPP and PML-N. These parties prioritize maintaining their power and wealth, neglecting the revival of student unions to protect their personal interests even as Pakistan’s economy deteriorates. Recent revelations indicate that administrators in both public and private universities oppose student unions to evade accountability, exploiting students by fulfilling their demands unchecked.
In Pakistan, there’s a widespread misconception that student unions merely serve as extensions of national political parties. In reality, political parties operate their own distinct student wings, rendering student unions with a distinct purpose.
Pakistan finds itself in a critical state of decline, largely attributed to incompetent and irresponsible political leadership. One compelling reason to lift the ban on student unions is to cultivate future leaders and foster political awareness among students. This initiative aims to instill democratic values deeply, as currently, despite Pakistan’s democratic foundation, these principles seem obscured.
Despite the prohibition, several attempts have been made to address the issue. In 1989, the government of the time repealed Martial Law Order 1371, which originally imposed the ban. The case (1993 SCMR 1781) has caused controversy regarding the current status of student unions. While it initially appears to uphold a ban, closer examination reveals its intent to regulate rather than prohibit student unions.
Senate Resolution no 355 was passed in 2017, urging the government to support and revive student unions. More recently, in 2019, under significant student pressure in Sindh, a Student Union Bill was introduced to lift restrictions. However, this bill did not progress into law as the onset of the Covid-19 pandemic diverted parliamentary attention.
The issue at hand holds profound significance and demands urgent resolution to dispel misunderstandings regarding the ban on student unions. The revival of student unions has the potential to bring about substantial benefits for Pakistan.
By reintroducing student unions, the dynamics of national politics could undergo a transformative shift, injecting fresh perspectives and youthful energy into the governance and policymaking processes. This would not only enhance democratic engagement but also empower students to actively participate in shaping the future of their country.
Furthermore, alongside the revival of unions, there is a compelling case for granting students formal representation in parliament. Given that a significant majority – 66 per cent – of Pakistan’s population is under the age of 30, with a large proportion being students, their inclusion in the legislative process is not only equitable but also essential for addressing the issues and concerns directly affecting them. This representation would provide a platform for students to advocate for their rights, articulate their aspirations, and contribute meaningfully to national decision-making.
In essence, lifting the ban on student unions and ensuring student representation in parliament are pivotal steps towards fostering a more inclusive and participatory democracy in Pakistan. It is an opportunity to harness the potential of the youth, empower future leaders, and forge a path towards a more prosperous and equitable society.
The writer is a freelance contributor.